Many farmers in Central New York and across the state are welcoming the clarification of the federal definition of certain waters, and the rules that govern them. The EPA held numerous events across the country Thursday announcing the Navigable Waters Protection Rule, including one at Emmi Farms in Baldwinsville.
Tony Emmi is a third generation fruit and vegetable farmer.
"Under the current rule, it's very unclear to me if I'm working land that's wet or if I have a stream on my property...how is that defined? What do I do? Do I need a permit? The new rule makes that a lot clearer for us, and reduces the regulatory burden."
At issue was a 2015 Obama-era rule that included ditches, farm ponds, some wetlands, and seasonal standing water on farms as regulated Waters of the United States. Regional EPA administrator Pete Lopez says the new rules are more consistent, and address waters with actual flow.
"People want to be responsible, and want to abide by rules and regulations. But when it comes to a wet spot, or something that may be part of a drainage path that has no real bearing on the navigable waters, the challenge is making sure that's universally understood."
Lopez says it’s about finding the proper balance between reducing burdensome regulations and being punitive when they’re violated.
"If someone is willingly and knowingly violating a regulation or causing damage, that's one thing. But if someone is trying to do their best to make a living, provide an important service to our community, we want to help support them."
He added that the new rules give states more discretion to regulate certain waters and land use. Farmer Tony Emmi says farmers have no incentive to contaminate the environment.
"We're a big stakeholder. We need clean water, we need clean air, and we need clean soil to raise good crops and livestock. Without that, we're out of business. We're the first line of defense for our ecosystem."
The New York Farm Bureau is calling the rule change a common sense victory for clean water AND farmers. While farmers and developers are expressing relief, environmental groups are threatening lawsuits. The rules could be on the books in two weeks barring legal challenges.
